IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.14283 of 2025 ========================================= NAVINCHANDRA KANTIBHAI BHANGI Versus STATE OF GUJARAT & ORS. ========================================= Appearance : MS VIDHI J BHATT for the Petitioner. MS DHRUTI PANDYA, AGP for the Respondents. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 12/01/2026 ORAL ORDER 1. Heard learned advocate Ms. Vidhi Bhatt on behalf of the petitioners and learned Assistant Government Pleader Ms. Dhruti Pandya, behalf of the respondent – State. 2. By way of this petition, the petitioners inter alia raises a grievance as regards not being granted the bene昀椀t of Government Resolutions dated 17.10.1988, 15.09.2014 and 06.04.2016 inspite of the petitioners having worked for more than 5 years with the respondents where the petitioners complete more than 240 days in a year. 2.1. It is also the case of the petitioners that while petitioners may have actually worked for a much longer period, if the law laid down by the Hon’ble Apex Court in case of Workmen of American Express International Banking Corporation vs. Management of American Express International Banking Corporation [AIR 1986 SC 458] were to be followed by the p. 2 respondents i.e. the respondents while calculating the number of years where the petitioner had worked for more than 240 days have added Sundays and Public Holidays, which would have enured in favour of the petitioners. 2.2. It also appears here that while the petitioner has preferred representation dated 28.08.2025, the same has not been decided by the respondents appropriately. 3. In the considered opinion of this Court, since no decision has been taken by the respondents, at this stage, the grievance of the petitioners could be assuaged by directing the respondents to consider the case of the petitioners in accordance with law more particularly in accordance with the directions that would follow. Learned advocates for the respective parties would not have any objection to the same. Hence, the following directions are passed :- (i) The petitioner to provide a copy of the petition as representation to the respondent No.3 with a copy to the respondent No.2 within a period of two weeks from today. (ii) The respondents to decide the same in accordance with law more particularly in light of the policy of the State Government vide Government Resolutions dated 17.10.1988, 15.09.2014 and 06.04.2016. (iii) The respondents shall while calculating the number of days put in by the petitioners for the purpose of grant of bene昀椀t as per the above referred Government Resolutions, shall add Sundays p. 3 and Public Holidays to the number of days worked by the petitioners in the year concerned more particularly as per the law laid down by the Hon’ble Apex Court in case of Workmen of American Express International Banking Corporation (supra). (iv) The respondents, more particularly respondent No.3 in consultation with respondent No.2 shall take appropriate decision within a period of ten weeks from the date of receipt of such representation preferred by the petitioner. 3.1. It is clari昀椀ed that this Court has not gone into the merits of the matter and whereas, the respondents shall take a decision strictly in accordance with law and as per the extant policy of the State Government. 3.2. Needless to state that in case the petitioners are aggrieved by the said decision, it would be open for the petitioner to challenge the same in accordance with law. 4. With these observations and directions, the present petition stands disposed of. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA